Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2026
CASE NO(S).: OLT-22-003170 (Formerly PL050179-O050032)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Ponderosa Nature Resort
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number: D08-NE/D14-NE
Property Address: 1218 Concession 8 West
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-003170
Legacy Case No: PL050179-O050032
OLT Lead Case No: OLT-22-003170
Legacy Lead Case No: PL050179-O050032
OLT Case Name: Ponderosa Nature Resort v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Ponderosa Nature Resort
Subject: Application to amend Zoning By-law No. 90-145-Z – Neglect of application by the City of Hamilton
Property Address: 1218 Concession 8 West
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-003175
Legacy Case No: PL050179-Z050024
OLT Lead Case No: OLT-22-003170
Legacy Lead Case No: PL050179-O050032
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Ponderosa Nature Resort
Subject: Site Plan
Reference Number: DA-17-174
Property Address: 1218 Concession 8 West
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-003180
Legacy Case No: PL171141
OLT Lead Case No: OLT-22-003170
Legacy Lead Case No: PL050179-O050032
APPEARANCES:
Parties
Counsel
Ponderosa Nature Resort
Peter Gross
City of Hamilton
Partick MacDonald Courtney Boyd
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY DAVID BROWN
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on May 13, 2026, is hereby amended.
2By replacing paragraph 6 found in the issued Decision with the following paragraph:
6Mr. Gross submitted that there are two matters at issue, the first being the private septic system requirements for the existing and future operation. The City is requesting that the Applicant construct a new septic system in compliance with municipal standards and Ponderosa’s position is that the requirement is unreasonable. The second matter relates to the Environmental Assessment (“EA”) completed by Ponderosa. Mr. Gross explained that his clients worked with the City to determine the scope of the EA and upon the substantial completion of the EA, the City advised that they want further information.
3In all other respects, the Tribunal’s Decision remains the same.
“David Brown”
DAVID BROWN
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.